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PENGUASAAN TERHADAP RUMAH APUNG YANG DITANAM DI PERAIRAN DITINJAU DENGAN OBJEK PAJAK BUMI DAN BANGUNAN PERDESAAN DAN PERKOTAAN MENURUT UNDANG - UNDANG NOMOR 28 TAHUN 2009 TENTANG PAJAK DAERAH DAN RETRIBUSI DAERAH Sylvie Liunadi; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17132

Abstract

The existence of floating houses in Indonesia has existed since the Dutch colonial era. Floating houses are scattered in several provinces in Indonesia, such as in Sulawesi, Kalimantan and Palembang. This floating house stands with a construction system planted on water land controlled by the state. Article 1 Paragraph (39) of the Regional Tax and Retribution Law defines a building, not only a building that stands on land in general, but also a building that can stand on water. Every control when the object is embedded in the earth or the surface of the land, it is clear that someone who controls the object embedded in the earth, so that the floating house that is embedded in the water does not belong to the people anymore, therefore the floating house which is embedded in the land of waters clearly controls and the person must pay taxes or be taxed by law. In this study the authors used a normative legal research method, with a statutory approach, by examining library materials (literature study). Legal materials used in this research are primary legal materials, secondary legal materials and non-legal materials. From the research that has been done, it can be concluded that the definition of a floating house is the object of Rural and Urban Land and Building Tax because it is attached to the earth so that the land and / or buildings that have been controlled, owned and / or used by private persons.
Etika dan Peran Notaris Dalam Mengeluarkan Akta Waris (Contoh Kasus Notaris A Pada Tahun 2018) Albeth Albeth; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.6696

Abstract

Ethics is a collection of principles or values relating to norms that live in society that are generally recognized as a moral method as guidelines in behavior. in carrying out their duties, the notary must rely on professional ethics that have been recorded or regulations that have been written and are binding and must be obeyed by all members of the professional group to be obeyed and may be subject to sanctions for those who violate these provisions. In notarial practice in Indonesia, many notary people violate the ethics of the notary profession itself, the last few years many violations committed by notaries, this can be seen from several problems regarding the making of the deed. then the notary is responsible for the changes made by him, responsibility is a result of the consequences of a person's freedom of conduct related to ethics or morals in carrying out an act. how the responsibility of a Notary Public in Making a Deed of Inheritance (Example of a notary case A in 2018) is a matter that is discussed. Descriptive research methods, using secondary data and primary data as supporting data, were analyzed qualitatively. The results of the study illustrate that the Notary does not follow the professional ethics of a notary that has been regulated by the Indonesian Notary Association (INI). 
ANALISIS KEADILAN DALAM PEMBATALAN AKTA PERJANJIAN PENGIKATAN JUAL BELI HAK ATAS TANAH AKIBAT WANPRESTASI DALAM PUTUSAN PENGADILAN NEGERI DEPOK NOMOR 119/ PDT.G/ 2017/PN. DPK. Ani Anggreni; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.10846

Abstract

The Land Sale and Purchase Binding Agreement is a legal act that precedes the transfer of land rights which is binding, giving rise to the rights and obligations of the parties making it. In its implementation, sometimes one of the parties does not carry out its obligations, resulting in legal disputes in court, and court judges do not always give fair decisions. The problem in this research is how the value of justice in the cancellation of the agreement deed of sale and purchase of land rights due to default in the Depok District Court Decision Number 119 / PDT.G / 2017 / PN.Dpk? The results showed that the value of justice in the cancellation of the Deed of Sale and Purchase Agreement of land rights due to default in the decision of the Depok District Court Number 119 / PDT.G / 2017 / PN.Dpk did not occur. This is because the Depok District Court Judge mistakenly interpreted the default between the default and the act against the law, especially in relation to claims for compensation, because in the default lawsuit they could not demand return to their original state, but rather the calculation of compensation that was actually experienced by Ade Triana as the Plaintiff.
TANGGUNG JAWAB CAMAT SEBAGAI PPAT SEMENTARA DALAM HAL MENANDATANGANI AKTA JUAL BELI (CONTOH KASUS NOMOR PUTUSAN 44/PDT.G/2014/PN KWG) Napoleon Tampubolon; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i2.2927

Abstract

The research on the Subdistrict Head's responsibilities as PPAT Temporary aims to know and understand the problems related to legal responsibility if there is an error in making land certificates by the Subdistrict Head as Temporary PPAT and the role of Subdistrict Head who is appointed as Temporary PPAT in the practice of making land deeds in Cibuaya District karawang. This research is normative legal research, namely this research uses scientific methods and interviews with related parties. The data used are primary data, namely regulatory regulations relating to the Occupational Regulation of the Land Deed Maker Officer and secondary data, namely textbooks relating to the Land Deed Maker Officer. In this study the specifications used are prescriptive in nature which are intended to provide prescriptions based on arguments that have been built in conclusions. Head of Subdistrict as PPAT While from Cibuaya Subdistrict, Karawang regency is still making irregularities towards the preparation, manufacture and registration of the deed. The legal responsibility of the mistake made by the Subdistrict Head as a Temporary PPAT in making the land deed is not in accordance with the existing regulations, namely not subject to penalty sanctions in the form of compensation but a decision of the Article of Action Against the Law is imposed.
TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PEMBUATAN AKTA JUAL BELI YANG DIBUAT TANPA SEPENGETAHUAN DAN PERSETUJUAN PEMILIK OBJEK DALAM PUTUSAN NOMOR 347/PDT.G/2017/ PN.JKT.TIM Kevin Hernando Pratama; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17010

Abstract

In making a land deed, PPAT is required to have skills, accuracy, and ability in the field of land law and must be based on the knowledge or approval of the owner of the land object. The problem faced is how is the responsibility of the Land Deed Making Officer (PPAT) in making the sale and purchase deed made without the knowledge and approval of the object owner related to Decision Number 347/Pdt.G/2017/PN.Jkt.Tim. The research method used is normative juridical law research. The results showed that the PPAT that made AJB without the knowledge and approval of the object owner related to the East Jakarta District Court Decision Number 347/Pdt.G/2017/PN.Jkt.Tim is an act against the law and violates the provisions of Article 1365 of the Civil Code, because it is against the law. The principles of propriety, thoroughness and prudence as well as contrary to the legal obligations of the perpetrator so that it causes harm to the Plaintiff. Criminally, PPAT can be charged with Article 263 paragraph (2) of the Criminal Code. Administratively, PPAT can be dishonorably dismissed. In order to avoid misuse of identity and forgery of signatures in the making of PPAT deeds, PPATs are required to attach letters and documents as well as the fingerprints of those who appear on the Minutes of Deed as one of the obligations that must be carried out by Notaries.
TANGGUNG JAWAB HUKUM BIRO PERJALANAN UMRAH TERHADAP CALON JAMAAHNYA Jeremi Korayan; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (711.353 KB) | DOI: 10.24912/adigama.v1i1.2231

Abstract

As a legal subject, Umroh organizing agency has the legal responsibility of Umroh congregation, responsibilities relating to the concept of legal obligations. A person is legally responsible for a particular act or that he or she assumes legal liability means that he or she is responsible for a sanction in the event of a conflicting action. From legal aspect, Umroh organizing agency's legal responsibility can be seen from civil, criminal, and administrative aspects. Many of the Umroh organizing agency although it has permission from the government but in its implementation is not in accordance with the provisions set forth in the legislation regulating the implementation of Hajj and Umroh. This can result in losses for pilgrims who use the umroh organizing agency. For example, in practice, many Umroh organizing angency do not give written agreements. The agreement is usually done with a verbal agreement promising. Therefore, when the rights and obligations of the parties is not met, there is no authentic evidence to prosecute and no limits on liability. Actually, a written contract is regulated and stipulated in Article 45 of Law. 13/2008 on Organizing Haj Pilgrimage to Mecca. Thus the form of agreement of appointment of departure between the Umroh organizers agency with prospective pilgrims so that umroh can be known various responsibilities of the umroh organizers agency in case of incompatibility between the agreement with the realization.
KEWENANGAN NOTARIS DALAM HAL MEMBUAT AKTA PARTIJ (CONTOH KASUS PUTUSAN MAHKAMAH AGUNG NOMOR: 1003 K/PID/2015) Rio Utomo Hably; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i2.6562

Abstract

Partij deed is a type of deed that can be made by a notary public official who is authorized by the state to perform services in society. Notary public as a public official who contains an authentic description of all events or events that are seen, experienced, and witnessed by the Notary himself. Notary Deed must contain what is desired by both parties in the agreement. The notary public only has the role of providing perfect proof of strength through the deed he made if later the parties to the deed disputed in court. In practice problems often arise including the issue of notary responsibility and notary authority as happened in the deed of party, how the authority of the Notary in Making Partij Deed (Example of Supreme Court Decision Case Number: 1003 K / PID / 2015) is a problem that is discussed. Descriptive research methods, using secondary data and primary data as supporting data, are analyzed qualitatively. The results of the study illustrate that the Notary does not follow under Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary.
TINJAUAN TERHADAP PERAN PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PERLINDUNGAN BAGI PENERIMA HIBAH TERHADAP OBJEK HIBAH BAGI AHLI WARIS PEMBERI HIBAH (STUDI KASUS PUTUSAN PENGADILAN NEGERI LARANTUKA NOMOR 7/PDT.G/2016/PN.LRT TANGGAL 15 MEI 2017) Chelvia Priscilla; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10578

Abstract

In the use of ownership rights over land and buildings, one of the most common can be done is transitional. The transfer referred to is the transfer of rights between one party to another party, one of which is a grant. The role of PPAT is very important in protecting the legal certainty of the implementation of a grant, especially in protecting the will of the grantee to provide the grant object and the grantee who receives the object of the grant from a lawsuit that may occur in the future by the beneficiary of the grant, where a person who has passed away is not can again give the explanation. In everyday life it is not uncommon to find in a family, the transfer of assets of parents who are not known to their children as experienced by the family of the late Clara Diaz in the Verdict of the Larantuka District Court Number 7 / Pdt.G / 2016 / PN.Lrt Date May 15, 2017 which resulted in a lawsuit at a later date. So that a PPAT deed has a big role to be an authentic proof and protector of the will of the parties in making a grant.
PENEGAKAN HUKUM TERHADAP NOTARIS YANG MEMPROMOSIKAN DIRI MELALUI MEDIA SOSIAL Riyan Saputra; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2312

Abstract

Notary is a carrier of office or ordinary we call the general officer appointed by the state and also work for the service of the public interest, in carrying out its duties a Notary must adhere to the rules of legislation that prevail in Indonesia as he served. In the Notary Code of Ethics and the Decree of the Minister of Justice and Human Rights of the Republic of Indonesia there is a provision that prohibits a Notary from conducting a form of promotion in social and electronic media, what are the constraints faced by the Notary Supervisory Board in Indonesia? The author examines the problem using normative legal research methods supported by some interviews that are expected to help answer the research and sources interviewed are the parties concerned such as Kaskus, Supervisory Board and also one of Notary in Jakarta. Subsequently, the acts committed by the Notary are clearly violated and appropriate to the sanction imposed on such notary as regulated in Article 6 paragraph (1) of Notary Code and Article 18 Paragraph (4). In this case it is clear that the Notary was found guilty of a form of self-promotion in Social Media, but the Supervisory Board itself essentially oversees the Notary but due to the many obstacles faced by the Supervisory Board, the duties of the Supervisory Board itself do not alter Board regulations Notary Supervisors become more assertive and expected to apply optimally.
TAHAP-TAHAP PENGADAAN TANAH UNTUK PEMBANGUNAN UTILITAS KERETA CEPAT JAKARTA-BANDUNG Glorya Kalicya; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.9283

Abstract

"Land acquisition is an activity of providing land by giving appropriate and fair compensation to the right parties.", this is stated in Article 1 paragraph 2 of Law Number 2 of 2012 concerning Land Procurement for Development in the Public Interest. At present, the Government of Indonesia is working on development for infrastructure needs, one of which is the Kereta Cepat Jakarta Bandung (KCJB), Utility Development by PT. Kereta Cepat Indonesia China (KCIC) located in the Jakarta to Bandung area. Therefore, the Government held a Land Procurement in the Jakarta to Bandung area so that the Kereta Cepat Jakarta Bandung, Utility Development can meet the interests of the community. In the implementation of land acquisition, there are things that become obstacles for the implementation of KCJB Utilities Development. For this reason, Law No. 2 of 2012 is present to provide hope that the Agency which conducts land acquisition can resolve conflicts carried out during its implementation. The purpose of this research is to study land acquisition for KCJB Utilities Development which is reviewed based on Law Number 2 of 2012 concerning Land Procurement for Development in the Public Interest.